Sandeep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15456 of 2020 Arising Out of PS. Case No.-258 Year-2019 Thana- ISUAPUR District- Saran ====================================================== SANDEEP KUMAR S/o Late Sanjay Prasad @ Sanjay Kumar Resident of Village- Dumarsan Rajapatti, P.S.- Mashrakh, Distt- Saran at Chapra. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajeev Kumar For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-03-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Section 420, 467, 468, 471, 272, 273 of the Indian Penal Code and 30(a) of the Bihar Prohibition and Excise Act, 2016.

Prosecution case, in short, is that 2008.8 liters wine is recovered.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 19.12.2019 and has got no criminal antecedent. Charge-sheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that 2008.8 liters wine is recovered from the truck in question. The truck in

Patna High Court CR. MISC. No.15456 of 2020(2) dt.03-03-2020 2/2 question does not belong to the petitioner. The petitioner was seen standing by the side of the vehicle in question. Hence, his involvement is suspected in the present case. Except for suspicion, there is no other substantive evidence to suggest his implication in the present case. There is no compliance of Section 100 Cr.P.C.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R/complaint case. Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge -cum- Special Judge, Excise, Saran at Chapra in connection with Isuapur P.S. Case No. 258 of 2019.

(Sudhir Singh, J) Pankaj/- U T